Scotts Valley Municipal Code Ch. 16.29 Owner-Initiated Parcel Mergers

The merger of contiguous parcels under common ownership without reverting to acreage may be caused by the owner thereof, on a voluntary basis and on his own initiative, in accordance with and subject to the provisions set forth in this chapter.

(Ord. 64.5 § 1 (part), 1988)

A. Contiguous parcels or units under common ownership shall be deemed merged without reversion to acreage by the owner thereof, on a voluntary basis and on his own initiative, under any of the following circumstances, subject to the provisions of Section 16.29.030:

1. Lots or parcels which have been required to be combined as a condition of approval of a minor land division, parcel re-subdivision, boundary adjustment, or other discretionary approval, and such condition has been accepted by the owner;

2. Lots or parcels on which a dwelling or commercial structure or portion thereof has been built across the common boundary line of such lots or parcels, except when the encroachment is of such a minor and inadvertent nature that it can be eliminated through a boundary adjustment;

3. Lots or parcels which have been included in an owner's affidavit declaring his desire that the lots or parcels be merged.

B. When any one or more of the foregoing circumstances occurs, the merger shall not be effected and shall not be deemed completed unless the owner complies with the provisions of Section 16.29.030.

(Ord. 64.5 § 1 (part), 1988)

No merger of contiguous parcels under common ownership shall occur under any of the circumstances referenced in Section 16.29.020 above, without the approval of the city engineer and the director of planning, or their duly authorized representatives, first had and obtained, and compliance with the procedures set forth in this section as follows:

A. The owner shall pay to the city a parcel merger fee for purposes of covering administrative processing costs, said fees to be established by a resolution adopted by the city council.

B. The owner shall provide to the city director of planning (hereinafter "director") the following documentation:

1. A deed with a metes and bounds description, a record of survey, or a merger map showing the perimeter boundaries of the affected contiguous parcels as merged. Any such instrument(s) must be prepared by a duly licensed registered civil engineer or land surveyor;

2. An affidavit or declaration executed under penalty of perjury and duly notarized, declaring that the owner of the affected contiguous parcels voluntarily and on his own initiative desires the affected contiguous parcel under his common ownership to be merged. The affidavit shall be executed by all owners of an interest in the contiguous parcels, and all signatures shall be duly notarized;

3. Appropriate evidence of record title ownership of the affected parcels evidencing the names of all persons who currently have an interest of record in the ownership of said parcels. Such evidence of record title ownership may be in the form of a title report prepared by a title insurance company or in some other appropriate form as required by the director.

(Ord. 64.5 § 1 (part), 1988)

A. The director shall approve the merger of the affected parcels if he determines that all of the following conditions exist:

1. All requirements of Section 16.29.030 have been met;

2. The city engineer has found the deed, record of survey or parcel map to have been prepared in accordance with applicable requirements of state and/or city laws and/ or regulations, and that the same has been prepared by a duly licensed registered civil engineer or land surveyor; and has further found that all persons having a record ownership interest in the affected parcels have executed the owner's affidavit;

3. That any one or more of the conditions referenced in Section 16.29.020 exist;

4. The merger of the affected parcels is in conformance with the current zoning regulations applicable thereto and the general plan.

B. If the director finds all of the foregoing conditions to exist then the merger shall be approved. If any one or more of the foregoing conditions is found not to exist, then the merger shall be disapproved.

(Ord. 64.5 § 1 (part), 1988)

A. A determination by the director approving or disapproving the merger of the affected parcels shall be made within thirty days of the date a request for merger is submitted. A request for merger shall be deemed submitted on the date by which a letter of request is presented, all fees are paid, and all required documentation is presented.

B. Once the director has determined to approve or disapprove the proposed merger he shall forthwith mail a notice of determination to all persons who have signed the owner's affidavit. Provided, however, that no determination shall be effective until expiration of the appeal period referenced in Section 16.29.070 or the determination of the matter by the city council following the filing of an appeal or special consideration request as referenced in said section.

(Ord. 64.5 § 1 (part), 1988)

If the director determines to approve the proposed merger he shall forthwith from and after the effective date of said decision, record or cause to be recorded at the county recorder's office the deed, record of survey, or parcel map which establishes and describes the new boundaries of the merged parcels together with a notice of approval of owner-initiated merger of parcels. The notice shall specify the names of the record owners and particularly describe the real property. From and after the date of the recording of said documents the affected parcels shall thereafter be deemed merged.

(Ord. 64.5 § 1 (part), 1988)

The disapproval by the director of a request for owner-initiated merger of parcels may be appealed by an owner of record of the affected parcels to the city council by filing a notice of appeal with the city clerk in the manner specified in Chapter 17.62 of this code for appeals from decisions of the planning commission and design review board. The notice of appeal shall be filed in the manner, with the content, and within the period therein prescribed. In addition, any decision of the director to approve or disapprove a request for owner-initiated merger of parcels may be called up as a special consideration item by any member of the city council in the manner, fashion, and within the time period prescribed in Chapter 17.62 of this code for similar actions by any member of the city council with respect to decisions of the planning commission and design review board. Any such appeal or special consideration shall be conducted in accordance with and shall be subject to all provisions of Chapter 17.62.

(Ord. 64.5 § 1 (part), 1988)